Real Estate Law
Forms of Title
There are five different ways to hold title to real property in California when there is more than one owner. Each form of title has different tax and other consequences for the property owners.
Co-Ownership Issues
Co-Ownership Disputes.
Co-ownership disputes between tenants in common, joint tenants, and partners are common. Mediating a solution can be challenging because both economic and non-economic factors are involved. Recognizing and addressing these factors early on can guide the client to a resolution that allows all parties to continue their co-ownership. If the co-ownership is to continue, creating or amending a co-ownership agreement to prevent further conflict is essential. If the co-owners cannot resolve their differences, a sale can occur voluntarily based on a mediated agreement.
Real Estate Litigation
Fraud, Concealment, & Nondisclosure.
Real estate transactions require sellers and listing brokers to make full disclosure of all known material facts concerning the property. An honest and thorough disclosure will seldom prevent a sale and will protect the seller and his agent from nondisclosure and fraud claims. Buyers who have been deceived, through misrepresentations or concealments, whether intentional or negligent, may assert a claim against the seller or broker who misled the buyer. One remedy is to seek damages for difference in the value of the property and other costs incurred as a result of the nondisclosure or fraud and, in cases of deliberate deception, punitive damages. An alternative remedy is to rescind or cancel the transaction due to mistake or fraud and return the parties to their former positions. Michele L. McGill has successfully prosecuted and defended these nondisclosure cases for more than 25 years.
Real Estate Transactions
Purchase Contracts.
The Law Office of Michele L. McGill assists buyers and sellers by reviewing their real estate contracts and transaction documents, or by preparing the documents for them when the seller and buyer have come to terms. Ms. McGill does not recommend for sale by owner when seller must find a buyer. A licensed real estate broker who is a member of the California Association of Realtors can help a seller prepare the property for sale, market the property, gain valuable exposure through the multiple listing service, inspect the property and disclose defects, protect a seller from liability arising from a real estate transaction, and many other services which attorneys do not provide.
Real Estate law
Mortgage Modification & Other Debt Solutions
Estate Planning, Probate Trust Administration
